The Family and Medical Leave Act (FMLA) allows qualified New Jersey employees the right to take up to 12 weeks of unpaid leave for various reasons, including the inability to work due to a serious health condition. Importantly, medical leave under the FMLA need not be taken all at once. When medically necessary, an employee can take leave intermittently, i.e., in separate blocks of time to care for the same serious health condition.
Getting FMLA Certification from Your Healthcare Provider
So, does your employer simply have to take your word that you need medical leave for treatment of a serious medical condition? No. Under the FMLA, an employer has the right to require certification of the employee’s condition from their healthcare provider. If the employee fails to obtain this certification, the employer is entitled to deny FMLA leave.
Here are some of the basic rules you need to understand and follow when it comes to obtaining FMLA certification from your healthcare provider:
- Deadlines: Your employer must give you at least 15 calendar days to obtain a certification. Ideally, your employer should inform you of their need for certification when you request FMLA leave or within 5 business days. If you need to take medical leave suddenly, your employer should make their request within 5 days of your beginning leave.
- Additional Information: An employer may reject a health care provider’s certification as “incomplete” or lacking necessary information. The employer must state their need for any such additional information in writing and give you at least 7 calendar days to respond unless it is impossible for you to do so despite your good-faith efforts.
- Second Opinion: Even after you provide any additional information requested from your healthcare provider, your employer may require you to get a second (or even third) medical opinion before granting leave. If the employer requests a second opinion, they must pay for it.
- Medical Records: Your certification must contain sufficient “medical facts” to support your claim that you have a serious health condition. However, this is not a waiver of your right to medical privacy. In other words, your employer cannot use the certification process to demand unfettered access to your medical records.
- Recertification: If your serious health condition is expected to last more than 30 days, your employer can request recertification from your healthcare provider. The employer cannot request recertification more often than every 30 days, except in cases where you request an extension of leave or the circumstances described in your prior certification have changed significantly. An employer may also request recertification if they have any information that casts doubt on your stated reason for taking medical leave.
Contact a New Jersey Family and Medical Leave Attorney Today
When it comes to certification for medical leave, some New Jersey employers may put up a fight. You have the right to fight back. If you need legal advice or representation from a qualified New Jersey family and medical leave attorney, call the Law Offices of Usmaan Sleemi today at 973-866-9415.
